Committee Report

Report text available as:

Calendar No. 153
115th Congress } { Report
SENATE
1st Session } { 115-115
======================================================================
NUCLEAR ENERGY INNOVATION AND CAPABILITIES ACT OF 2017
_______
June 21, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 97]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 97) to enable civilian research and
development of advanced nuclear energy technologies by private
and public institutions, to expand theoretical and practical
knowledge of nuclear physics, chemistry, and materials science,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 97 is to enable civilian research and
development of advanced nuclear energy technologies by private
and public institutions, to expand theoretical and practical
knowledge of nuclear physics, chemistry, and materials science.
Background and Need
Civil nuclear power today relies on light-water reactor
technology that was originally developed in the 1950s for use
in U.S. Navy submarines. Although there was ample experience in
designing, constructing, and operating these light-water
reactors, by the 1960s scientists were exploring advanced non-
light-water reactor designs that have potential advantages over
light-water reactors in proliferation resistance, thermal
efficiency, reliability, fuel utilization, nuclear waste
yields, inherent safety features, and non-commercial
applications. Between 1951 and 1974, the U.S. Atomic Energy
Commission (AEC) experimented on light-water and advanced non-
light-water nuclear reactors, taking over 52 different reactors
from paper concept to demonstration at the AEC's National
Reactor Testing Station, which is now the Idaho National
Laboratory.
Due to the economic challenges that face large light-water
reactors, there has been a renewed interest in advanced non-
light-water reactors from the commercial sector. Venture
capital has flowed into 60 companies in North America working
on developing advanced reactors of various sizes that are non-
light-water fission reactors or fusion reactors.
The Department of Energy (DOE) has unique authorities under
the Atomic Energy Act. The DOE is responsible for maintaining
nuclear research capabilities, knowledge, and a skilled
workforce through support of nuclear research and development
activities. Additionally, DOE has the authority to site and
regulate research reactors without having to obtain a license
from the Nuclear Regulatory Commission (NRC), if the reactor is
constructed and operated ``under contract with and for the
account of the'' Department of Energy (42 U.S.C. 2140(b)).
S. 97 seeks to capitalize on these authorities to promote
public-private partnerships to research, develop, demonstrate,
and deploy advance reactor concepts. S.97 would establish the
National Reactor Innovation Center (NRIC) to facilitate the
siting of advanced reactor research demonstration facilities
through partnerships between DOE and private industry.
Legislative History
Senators Crapo, Booker, Hatch, Murkowski, Risch, and
Whitehouse introduced S. 97 on January 11, 2017.
On January 11, 2017, Representative Weber and 14 cosponsors
introduced a similar measure, H.R. 431, in the House of
Representatives.
On January 20, 2017, Representative Lamar Smith and 15
cosponsors introduced a similar bill, H.R. 589, in the House of
Representatives. H.R. 589 was passed in the House of
Representatives by a voice vote, on January 24, 2017. On
January 30, 2017, H.R. 589 was read twice in the Senate and
referred to the Committee on Energy and Natural Resources.
In the 114th Congress, Senators Crapo, Booker, Hatch,
Risch, and Whitehouse introduced a similar bill, S. 2461, on
January 21, 2016.
The measure was included in Amendment No. 3021, which the
Senate agreed to on January 28, 2016, as an amendment to S.
2012, the Energy Policy Modernization Act of 2016, which the
Senate passed, as amended, on April 20, 2016.
Representative Weber and 20 cosponsors introduced a similar
bill, H.R. 4084, in the House of Representatives on November
19, 2015. On February 29, 2016, the House passed H.R. 4084 by a
voice vote.
The Committee on Energy and Natural Resources met in an
open business session on March 30, 2017, and ordered S. 97
favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on March 30, 2017, by majority voice vote
of a quorum present, recommends that the Senate pass S. 97.
Section-by-Section Analysis
Section 1. Short title
Section 1 sets forth a short title.
Section 2. Nuclear energy innovation capabilities
Section 2(a) amends section 951 of the Energy Policy Act of
2005 (EPAct, 42 U.S.C. 16271) to refocus the objectives of
DOE's nuclear energy research and development program.
Subsection (a) of the amended section 951 restates the mission
and objectives of DOE's civilian nuclear energy research and
development work. Subsection (a)(2)(A) directs the Secretary to
carry out programs to provide research infrastructure in order
to promote scientific progress in nuclear, chemical, and
materials science engineering. Subsection (a) also provides
direction to DOE in relation to its work with private industry,
the National Laboratories, and institutions of higher
education, including supporting technology transfer and
enabling public-private partnerships. Subsection (b) defines
relevant terms.
Subsection (b) deletes the Nuclear Power 2010 program
authorization from Section 952(c) of EPAct (42 U.S.C. 16272(c))
and makes conforming changes.
Subsection (c) strikes the delegation of authority to the
Director of the Office of Nuclear Energy, Science and
Technology contained in section 953(a) of EPAct (42 U.S.C.
16273(a)).
Subsection (d) deletes the phrase ``as part of a taking
into consideration effort that emphasizes'' in section
954(d)(4) of EPAct (42 U.S.C. 16274(d)(4) and inserts ``that
emphasize.''
Subsection (e) amends section 955 of EPAct (42 U.S.C.
16275) by removing a requirement for the Secretary to develop a
comprehensive plan for the Idaho National Laboratory and
replacing it with a new subsection (c) regarding versatile
neutron source. This new provision directs the Secretary to
assess the mission need for a versatile reactor-based fast
neutron source to be operated as a national user facility. The
Secretary is further directed to submit a detailed plan to
Congress to establish the user facility that would provide fast
neutron irradiation capabilities, have the capacity for
upgrades, consider capabilities to support high-temperature
testing, and provide flexible facilities to accommodate various
types of fuels, materials, and coolants, including pre- and
post-irradiation examination capabilities. The plan must
include a goal for the completion of construction and the
commencement of operations by December 31, 2025.
Subsection (f) strikes the delegation of authority to the
Director of the Office of Nuclear Energy, Science and
Technology contained in section 957 of the EPAct (42 U.S.C.
16277).
Subsection (g) amends section 957 of EPAct (42 U.S.C.
16277) to require the Secretary to carry out a program to
enhance the capabilities of the United States to develop new
reactor technologies through high-performance computational
modeling and simulation. In carrying out the effort, the
Secretary is directed to coordinate with relevant Federal
agencies and leverage expertise from the private sector,
institutions of higher education, and the National
Laboratories.
Subsection (h) amends subtitle E of title IX of EPAct (42
U.S.C. 16271 et seq.) to add a new section 958, to authorize
the NRIC. The program is broadly authorized to support
research, development, demonstration, and deployment of a broad
range of advanced reactor concepts, components, technologies,
fuels, and materials. The NRIC will allow for the testing and
demonstration of reactor concepts to be proposed and funded, in
whole or in part, by the private sector, and would leverage the
expertise of relevant Federal agencies and the National
Laboratories. Subsections (d) and (e) of the new section 958
authorize the Secretary to enter into memoranda of
understanding with the Chairman of the NRC to share technical
expertise and to coordinate the research and development
activities of the DOE with safety mission of the NRC.
Subsection (f) of the new section 958 requires the Secretary to
submit to the relevant committees of Congress a report that
addresses the various internal mechanisms and impacts
pertaining to NRIC. Subsection (g) of the new section 958
contains savings clauses to preserve the NRC's existing
licensing and regulatory authority over demonstration reactors,
and to make it clear that the NRIC's activities are subject to
the financial protection and indemnification requirements of
the Price-Anderson Act.
Subsection (i) amends subtitle E of title IX of EPAct (42
U.S.C. 16271 et seq.) to add a new section 959, to require the
Secretary to develop, and submit to the relevant committees of
Congress, two 10-year budget plans, one constrained and one
unconstrained, for the civilian nuclear energy research and
development activities of the DOE.
Subsection (j) directs the Secretary to submit a report to
the relevant committees of Congress on innovative fusion energy
systems, including the identification of necessary budgetary
requirements, within 180 days of the Act's enactment.
Subsection (k) makes conforming changes to the table of
contents of Subtitle E of Title IX of EPAct (42 U.S.C. 16271).
Section 3. Advanced Nuclear Energy Licensing Cost-Share Grant Program
Section 3 establishes the Advanced Nuclear Energy Cost-
Share Grant Program to provide, subject to appropriations,
competitive cost-share grants to applicants for the purpose of
funding a portion of the NRC fees for pre-application and
application review activities.
Subsection (d) requires the Secretary to determine the
cost-share amount of each grant.
Subsection (f) authorizes such sums as are necessary to
carry out the program.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 97 would amend the objectives of Department of Energy
(DOE) programs related to the research, development,
demonstration, and commercial application of advanced nuclear
technologies. Based on an analysis of information from DOE and
the NRC, CBO estimates that implementing the bill would cost
$340 million over the 2018-2022 period, assuming appropriation
of the necessary amounts.
In addition, enacting the bill could affect direct spending
by the Tennessee Valley Authority (TVA) to the extent that that
agency might participate in activities authorized under the
bill. CBO estimates, however, that any such changes in that
agency's net outlays would be negligible. Because S. 97 could
affect direct spending, pay-as-you-go procedures apply.
Enacting the bill would not affect or revenues.
CBO estimates that enacting S. 97 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 97 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S.97 is shown in the following table. The
costs of this legislation fall within budget function 270
(energy).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............ 0 87 88 90 92 93 450
Estimated Outlays........................ 0 26 53 80 90 91 340
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
97 will be enacted near the start of fiscal year 2018 and that
the estimated amounts will be appropriated each year. Estimated
outlays are based on historical spending patterns for the
affected activities.
S. 97 would authorize DOE to support the research and
development of advanced reactor technologies and to provide
grants to nonfederal developers of such technologies; those
grants would cover a portion of the fees charged by the Nuclear
Regulatory Commission (NRC) for certain costs related to
licensing such technologies. In carrying out those activities,
S. 97 would require DOE to collaborate with the national
laboratories, other federal agencies, universities, and private
firms. The bill would direct DOE to determine the need for a
new test reactor to support research and development of
advanced reactor systems and, if needed, direct the agency to
construct such a facility by 2025. Finally S. 97 would
authorize the agency to expand capabilities in the area of
high-performance computation modeling and simulation
techniques.
Under current law, DOE is already pursuing a variety of
activities to expedite the development and commercial
deployment of advanced nuclear technologies. Based on an
analysis of information from the agency about the anticipated
costs of those activities, CBO estimates that implementing the
new activities under S. 97 would require appropriations
totaling $450 million over the 2018-2022 period. That estimate
is in line with the total amount of funding provided by the
Congress for a previous six-year effort, now largely completed,
to support the development, certification, and licensing of
small modular reactors (another type of advanced nuclear
technology). Assuming appropriation of the estimated amounts,
CBO estimates that outlays would total $340 million over the
2018-2022 period and $110 million after 2022.
This estimate does not include any costs related to
constructing either a test reactor or an advanced nuclear
reactor, which CBO estimates would total billions of dollars.
In general, CBO expects that any federal spending related to
such projects would be limited to a portion of the construction
costs. Private firms would likely bear a significant portion of
the construction costs and any spending by DOE for such a
project would be subject to appropriation. Based on information
from DOE, NRC, and the nuclear industry about anticipated
timeframes for developing underlying technologies and licensing
advanced reactors, CBO expects that any spending to construct
such facilities would be negligible over the 2018-2022 period
covered by this estimate. Furthermore, based on an analysis of
information from DOE, including reports issued by committees
that advise the agency on issues related to nuclear energy, CBO
expects the agency is unlikely to build a federally owned test
reactor under current law.
Pay-As-You-Go considerations: CBO estimates that enacting
S. 97 could affect direct spending by TVA, which owns nuclear
assets and frequently participates in industry-led efforts to
develop nuclear technologies. By law, TVA sells electricity at
prices sufficient to recover any costs over the useful life of
the investment or program. Based on an analysis of information
from TVA, CBO expects that any spending for the advanced
nuclear technology projects over 2018-2027 period would
primarily be for research and development activities, which are
treated as operating expenses and recovered quickly in TVA's
rates. Thus, CBO estimates that the net effect on TVA's direct
spending would be negligible over that period.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 97 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 97 contains
no intergovernmental or private-sector mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 97.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 97, as ordered reported.
Congressionally Directed Spending
S. 97, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Executive Communications were not requested by the
Committee on Energy and Natural Resources in the 115th
Congress.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
THE ENERGY POLICY ACT OF 2005
Public Law 109-58
* * * * * * *
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. --This Act may be cited as the ``Energy
Policy Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
Subtitle E--Nuclear Energy
* * * * * * *
Sec. 957 [Alternatives to industrial radioactive sources.] High-
performance computation and supportive research.
958. Enabling nuclear energy innovation.
959. Budget plan.
* * * * * * *
Subtitle VI--Nuclear Matters
* * * * * * *
Subtitle C--Next Generation Nuclear Plant Project
SEC. 641. PROJECT ESTABLISHMENT.
(a) Establishment.--The Secretary shall establish a project
to be known as the ``Next Generation Nuclear Plant Project''
(referred to in this subtitle as the ``Project'').
(b) Content.--The Project shall consist of the research,
development, design, construction, and operation of a prototype
plant, including a nuclear reactor that--
(1) is based on research and development activities
supported by the Generation IV Nuclear Energy Systems
Initiative under [section 942(d)] section 952(c); and
(2) shall be used--
(A) to generate electricity;
(B) to produce hydrogen; or
(C) both to generate electricity and to
produce hydrogen.
* * * * * * *
Subtitle E--Nuclear Energy
[SEC. 951. NUCLEAR ENERGY.
[(a) In General.--The Secretary shall conduct programs of
civilian nuclear energy research, development, demonstration,
and commercial application, including activities described in
this subtitle. Programs under this subtitle shall take into
consideration the following objectives:
[(1) Enhancing nuclear power's viability as part of
the United States energy portfolio.
[(2) Providing the technical means to reduce the
likelihood of nuclear proliferation.
[(3) Maintaining a cadre of nuclear scientists and
engineers.
[(4) Maintaining National Laboratory and university
nuclear programs, including their infrastructure.
[(5) Supporting both individual researchers and
multidisciplinary teams of researchers to pioneer new
approaches in nuclear energy, science, and technology.
[(6) Developing, planning, constructing, acquiring,
and operating special equipment and facilities for the
use of researchers.
[(7) Supporting technology transfer and other
appropriate activities to assist the nuclear energy
industry, and other users of nuclear science and
engineering, including activities addressing
reliability, availability, productivity, component
aging, safety, and security of nuclear power plants.
[(8) Reducing the environmental impact of nuclear
energy-related activities.
[(b) Authorization of Appropriations for CORE Programs.--
There are authorized to be appropriated to the Secretary to
carry out nuclear energy research, development, demonstration,
and commercial application activities, including activities
authorized under this subtitle, other than those described in
subsection (c)--
[(1) $330,000,000 for fiscal year 2007;
[(2) $355,000,000 for fiscal year 2008; and
[(3) $495,000,000 for fiscal year 2009.
[(c) Nuclear Infrastructure and Facilities.--There are
authorized to be appropriated to the Secretary to carry out
activities under section 955--
[(1) $135,000,000 for fiscal year 2007;
[(2) $140,000,000 for fiscal year 2008; and
[(3) $145,000,000 for fiscal year 2009.
[(d) Allocations.--From amounts authorized under subsection
(a), the following sums are authorized:
[(1) For activities under section 953--
[(A) $150,000,000 for fiscal year 2007;
[(B) $155,000,000 for fiscal year 2008; and
[(C) $275,000,000 for fiscal year 2009.
[(2) For activities under section 954--
[(A) $43,600,000 for fiscal year 2007;
[(B) $50,100,000 for fiscal year 2008; and
[(C) $56,000,000 for fiscal year 2009.
[(3) For activities under section 957, $6,000,000 for
each of fiscal years 2007 through 2009.
[(e) Limitation.--None of the funds authorized under this
section may be used to decommission the Fast Flux Test
Facility.]
SEC. 951. NUCLEAR ENERGY.
(a) Mission.--
(1) In general.--The Secretary shall carry out
programs of civilian nuclear research, development,
demonstration, and commercial application, including
activities under this subtitle.
(2) Considerations.--The programs carried out under
paragraph (1) shall take into consideration the
following objectives:
(A) Providing research infrastructure to
promote scientific progress and enable users
from academia, the National Laboratories, and
the private sector to make scientific
discoveries relevant for nuclear, chemical, and
materials science engineering.
(B) Maintaining nuclear energy research and
development programs at the National
Laboratories and institutions of higher
education, including infrastructure at the
National Laboratories and institutions of
higher education.
(C) Providing the technical means to reduce
the likelihood of nuclear proliferation.
(D) Increasing confidence margins for public
safety of nuclear energy systems.
(E) Reducing the environmental impact of
activities relating to nuclear energy.
(F) Supporting technology transfer from the
National Laboratories to the private sector.
(G) Enabling the private sector to partner
with the National Laboratories to demonstrate
novel reactor concepts for the purpose of
resolving technical uncertainty associated with
the objectives described in subparagraphs (A)
through (F).
(b) Definitions.--In this subtitle:
(1) Advanced nuclear reactor.--The term `advanced
nuclear reactor' means--
(A) a nuclear fission reactor with
significant improvements over the most recent
generation of nuclear fission reactors, which
may include--
(i) inherent safety features;
(ii) lower waste yields;
(iii) greater fuel utilization;
(iv) superior reliability;
(v) resistance to proliferation;
(vi) increased thermal efficiency;
and
(vii) the ability to integrate into
electric and nonelectric applications;
or
(B) a nuclear fusion reactor.
(2) Commission.--The term `Commission' means the
Nuclear Regulatory Commission.
(3) Fast neutron.--The term `fast neutron' means a
neutron with kinetic energy above 100 kiloelectron
volts.
(4) National laboratory.--
(A) In general.--Except as provided in
subparagraph (B), the term `National
Laboratory' has the meaning given the term in
section 2.
(B) Limitation.--With respect to the Lawrence
Livermore National Laboratory, the Los Alamos
National Laboratory, and the Sandia National
Laboratories, the term `National Laboratory'
means only the civilian activities of the
laboratory.
(5) Neutron flux.--The term `neutron flux'
means the intensity of neutron radiation
measured as a rate of flow of neutrons applied
over an area.
(6) Neutron source.--The term `neutron
source' means a research machine that provides
neutron irradiation services for--
(A) research on materials sciences and
nuclear physics; and
(B) testing of advanced materials, nuclear
fuels, and other related components for reactor
systems.
SEC. 952. NUCLEAR ENERGY RESEARCH PROGRAMS.
(a) Nuclear Energy Research Initiative.--The Secretary
shall carry out a Nuclear Energy Research Initiative for
research and development related to nuclear energy.
(b) Nuclear Energy Systems Support Program.--The Secretary
shall carry out a Nuclear Energy Systems Support Program to
support research and development activities addressing
reliability, availability, productivity, component aging,
safety, and security of existing nuclear power plants.
[(c) Nuclear Power 2010 Program.--
[(1) In general.--The Secretary shall carry out a
Nuclear Power 2010 Program, consistent with
recommendations of the Nuclear Energy Research Advisory
Committee of the Department in the report entitled ``A
Roadmap to Deploy New Nuclear Power Plants in the
United States by 2010'' and dated October 2001.
[(2) Administration.--The Program shall include--
[(A) use of the expertise and capabilities of
industry, institutions of higher education, and
National Laboratories in evaluation of advanced
nuclear fuel cycles and fuels testing;
[(B) consideration of a variety of reactor
designs suitable for both developed and
developing nations;
[(C) participation of international
collaborators in research, development, and
design efforts, as appropriate; and
[(D) encouragement for participation by
institutions of higher education and industry.]
[(d)] (c) Generation IV Nuclear Energy Systems
Initiative.--
(1) In general.--The Secretary shall carry out a
Generation IV Nuclear Energy Systems Initiative to
develop an overall technology plan for and to support
research and development necessary to make an informed
technical decision about the most promising candidates
for eventual commercial application.
(2) Administration.--In conducting the Initiative,
the Secretary shall examine advanced proliferation-
resistant and passively safe reactor designs, including
designs that--
(A) are economically competitive with other
electric power generation plants;
(B) have higher efficiency, lower cost, and
improved safety compared to reactors in
operation on the date of enactment of this Act;
(C) use fuels that are proliferation
resistant and have substantially reduced
production of high-level waste per unit of
output; and
(D) use improved instrumentation.
[(e)] (d) Reactor Production of Hydrogen.--The Secretary
shall carry out research to examine designs for high-
temperature reactors capable of producing large-scale
quantities of hydrogen.
SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.
(a) In General.--The Secretary[, acting through the
Director of the Office of Nuclear Energy, Science and
Technology,] shall conduct an advanced fuel recycling
technology research, development, and demonstration program
(referred to in this section as the ``program'') to evaluate
proliferation-resistant fuel recycling and transmutation
technologies that minimize environmental and public health and
safety impacts as an alternative to aqueous reprocessing
technologies deployed as of the date of enactment of this Act
in support of evaluation of alternative national strategies for
spent nuclear fuel and the Generation IV advanced reactor
concepts.
(b) Annual Review.--The program shall be subject to annual
review by the Nuclear Energy Research Advisory Committee of the
Department or other independent entity, as appropriate.
(c) International Cooperation.--In carrying out the
program, the Secretary is encouraged to seek opportunities to
enhance the progress of the program through international
cooperation.
(d) Reports.--The Secretary shall submit, as part of the
annual budget submission of the Department, a report on the
activities of the program.
SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
(a) In General.--The Secretary shall conduct a program to
invest in human resources and infrastructure in the nuclear
sciences and related fields, including health physics, nuclear
engineering, and radiochemistry, consistent with missions of
the Department related to civilian nuclear research,
development, demonstration, and commercial application.
(b) Requirements.--In carrying out the program under this
section, the Secretary shall--
(1) conduct a graduate and undergraduate fellowship
program to attract new and talented students, which may
include fellowships for students to spend time at
National Laboratories in the areas of nuclear science,
engineering, and health physics with a member of the
National Laboratory staff acting as a mentor;
(2) conduct a junior faculty research initiation
grant program to assist universities in recruiting and
retaining new faculty in the nuclear sciences and
engineering by awarding grants to junior faculty for
research on issues related to nuclear energy
engineering and science;
(3) support fundamental nuclear sciences,
engineering, and health physics research through a
nuclear engineering education and research program;
(4) encourage collaborative nuclear research among
industry, National Laboratories, and universities; and
(5) support communication and outreach related to
nuclear science, engineering, and health physics.
(c) University National Laboratory Interactions.--The
Secretary shall conduct--
(1) a fellowship program for professors at
universities to spend sabbaticals at National
Laboratories in the areas of nuclear science and
technology; and
(2) a visiting scientist program in which National
Laboratory staff can spend time in academic nuclear
science and engineering departments.
(d) Strengthening University Research and Training Reactors
and Associated Infrastructure.--In carrying out the program
under this section, the Secretary may support--
(1) converting research reactors from high-enrichment
fuels to low-enrichment fuels and upgrading operational
instrumentation;
(2) consortia of universities to broaden access to
university research reactors;
(3) student training programs, in collaboration with
the United States nuclear industry, in relicensing and
upgrading reactors, including through the provision of
technical assistance; and
(4) reactor improvements [as part of a taking into
consideration effort that emphasizes] that emphasize
research, training, and education, including through
the Innovations in Nuclear Infrastructure and Education
Program or any similar program.
(e) Operations and Maintenance.--Funding for a project
provided under this section may be used for a portion of the
operating and maintenance costs of a research reactor at a
university used in the project.
(f) Definition.--In this section, the term ``junior
faculty'' means a faculty member who was awarded a doctorate
less than 10 years before receipt of an award from the grant
program described in subsection (b)(2).
SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND
FACILITIES.
(a) In General.--The Secretary shall operate and maintain
infrastructure and facilities to support the nuclear energy
research, development, demonstration, and commercial
application programs, including radiological facilities
management, isotope production, and facilities management.
(b) Duties.--In carrying out this section, the Secretary
shall--
(1) develop an inventory of nuclear science and
engineering facilities, equipment, expertise, and other
assets at all of the National Laboratories;
(2) develop a prioritized list of nuclear science and
engineering plant and equipment improvements needed at
each of the National Laboratories;
(3) consider the available facilities and expertise
at all National Laboratories and emphasize investments
which complement rather than duplicate capabilities;
and
(4) develop a timeline and a proposed budget for the
completion of deferred maintenance on plant and
equipment, with the goal of ensuring that Department
programs under this subtitle will be generally
recognized to be among the best in the world.
[(c) Plan.--The Secretary shall develop a comprehensive
plan for the facilities at the Idaho National Laboratory,
especially taking into account the resources available at other
National Laboratories. In developing the plan, the Secretary
shall--
[(1) evaluate the facilities planning processes
utilized by other physical science and engineering
research and development institutions, both in the
United States and abroad, that are generally recognized
as being among the best in the world, and consider how
those processes might be adapted toward developing such
facilities plan;
[(2) avoid duplicating, moving, or transferring
nuclear science and engineering facilities, equipment,
expertise, and other assets that currently exist at
other National Laboratories;
[(3) consider the establishment of a national
transuranic analytic chemistry laboratory as a user
facility at the Idaho National Laboratory;
[(4) include a plan to develop, if feasible, the
Advanced Test Reactor and Test Reactor Area into a user
facility that is more readily accessible to academic
and industrial researchers;
[(5) consider the establishment of a fast neutron
source as a user facility;
[(6) consider the establishment of new hot cells and
the configuration of hot cells most likely to advance
research, development, demonstration, and commercial
application in nuclear science and engineering,
especially in the context of the condition and
availability of these facilities elsewhere in the
National Laboratories; and
[(7) include a timeline and a proposed budget for the
completion of deferred maintenance on plant and
equipment.
[(d) Transmittal to Congress.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall transmit
the plan under subsection (c) to Congress.]
(c) Versatile Neutron Source.--
(1) Mission need.--
(A) In general.--Not later than December 31,
2017, the Secretary shall determine the mission
need for a versatile reactor-based fast neutron
source, which shall operate as a national user
facility.
(B) Consultations required.--In carrying out
subparagraph (A), the Secretary shall consult
with the private sector, institutions of higher
education, the National Laboratories, and
relevant Federal agencies to ensure that the
user facility described in subparagraph (A)
will meet the research needs of the largest
practicable majority of prospective users.
(2) Establishment.--As soon as practicable after
determining the mission need under paragraph (1)(A),
the Secretary shall submit to the appropriate
committees of Congress a detailed plan for the
establishment of the user facility.
(3) Facility requirements.--
(A) Capabilities.--The Secretary shall ensure
that the user facility will provide, at a
minimum, the following capabilities:
(i) Fast neutron spectrum irradiation
capability.
(ii) Capacity for upgrades to
accommodate new or expanded research
needs.
(B) Considerations.--In carrying out the plan
submitted under paragraph (2), the Secretary
shall consider the following:
(i) Capabilities that support
experimental high-temperature testing.
(ii) Providing a source of fast
neutrons at a neutron flux, higher than
that at which current research
facilities operate, sufficient to
enable research for an optimal base of
prospective users.
(iii) Maximizing irradiation
flexibility and irradiation volume to
accommodate as many concurrent users as
possible.
(iv) Capabilities for irradiation
with neutrons of a lower energy
spectrum.
(v) Multiple loops for fuels and
materials testing in different
coolants.
(vi) Additional pre-irradiation and
post-irradiation examination
capabilities.
(vii) Lifetime operating costs and
lifecycle costs.
(4) Deadline for establishment.--The Secretary shall,
to the maximum extent practicable, complete
construction of, and approve the start of operations
for, the user facility by not later than December 31,
2025.
(5) Reporting.--The Secretary shall include in the
annual budget request of the Department an explanation
for any delay in the progress of the Department in
completing the user facility by the deadline described
in paragraph (4).
(6) Coordination.--The Secretary shall leverage the
best practices for management, construction, and
operation of national user facilities from the Office
of Science.
SEC. 956. SECURITY OF NUCLEAR FACILITIES.
The Secretary [, acting through the Director of the Office
of Nuclear Energy, Science and Technology,] shall conduct a
research and development program on cost-effective technologies
for increasing--
(1) the safety of nuclear facilities from natural
phenomena; and
(2) the security of nuclear facilities from
deliberate attacks.
[SEC. 957. ALTERNATIVES TO INDUSTRIAL RADIOACTIVE SOURCES.
[(a) Survey.--
[(1) In general.--Not later than August 1, 2006, the
Secretary shall submit to Congress the results of a
survey of industrial applications of large radioactive
sources.
[(2) Administration.--The survey shall--
[(A) consider well-logging sources as one
class of industrial sources;
[(B) include information on current domestic
and international Department, Department of
Defense, State Department, and commercial
programs to manage and dispose of radioactive
sources; and
[(C) analyze available disposal options for
currently deployed or future sources and, if
deficiencies are noted for either deployed or
future sources, recommend legislative options
that Congress may consider to remedy identified
deficiencies.
[(b) Plan.--
[(1) In general.--In conjunction with the survey
conducted under subsection (a), the Secretary shall
establish a research and development program to develop
alternatives to sources described in subsection (a)
that reduce safety, environmental, or proliferation
risks to either workers using the sources or the
public.
[(2) Accelerators.--Miniaturized particle
accelerators for well-logging or other industrial
applications and portable accelerators for production
of short-lived radioactive materials at an industrial
site shall be considered as part of the research and
development efforts.
[(3) Report.--Not later than August 1, 2006, the
Secretary shall submit to Congress a report describing
the details of the program plan.]
SEC. 957. HIGH PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
(a) Modeling and Simulation.--The Secretary shall carry out
a program to enhance the capabilities of the United States to
develop new reactor technologies through high-performance
computation modeling and simulation techniques.
(b) Coordination.--In carrying out the program under
subsection (a), the Secretary shall coordinate with relevant
Federal agencies as described by the National Strategic
Computing Initiative established by Executive Order 13702 (80
Fed. Reg. 46177 (July 29, 2015)), while taking into account the
following objectives:
(1) Using expertise from the private sector,
institutions of higher education, and the National
Laboratories to develop computational software and
capabilities that prospective users may access to
accelerate research and development of advanced nuclear
reactor systems and reactor systems for space
exploration.
(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
(3) Increasing the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program
within the Office of Science.
(4) Leveraging experience from the Energy Innovation
Hub for Modeling and Simulation.
(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities,
including private sector entities engaged in nuclear
energy technology development.
(c) Supportive Research Activities.--The Secretary shall
consider support for additional research activities to maximize
the utility of the research facilities of the Department,
including physical processes--
(1) to simulate degradation of materials and behavior
of fuel forms; and
(2) for validation of computational tools.
SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.
(a) National Reactor Innovation Center.--There is
authorized a program to enable the testing and demonstration of
reactor concepts to be proposed and funded, in whole or in
part, by the private sector.
(b) Technical Expertise.--In carrying out the program under
subsection (a), the Secretary shall leverage the technical
expertise of relevant Federal agencies and the National
Laboratories in order to minimize the time required to enable
construction and operation of privately funded experimental
reactors at National Laboratories or other Department-owned
sites.
(c) Objectives.--The reactors described in subsection (b)
shall operate to meet the following objectives:
(1) Enabling physical validation of advanced nuclear
reactor concepts.
(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience,
security, and functionality of advanced nuclear reactor
concepts.
(3) General research and development to improve
nascent technologies.
(d) Sharing Technical Expertise.--In carrying out the
program under subsection (a), the Secretary may enter into a
memorandum of understanding with the Chairman of the Commission
in order to share technical expertise and knowledge through--
(1) enabling the testing and demonstration of
advanced nuclear reactor concepts to be proposed and
funded, in whole or in part, by the private sector;
(2) operating a database to store and share data and
knowledge relevant to nuclear science and engineering
between Federal agencies and the private sector;
(3) developing and testing electric and nonelectric
integration and energy conversion systems relevant to
advanced nuclear reactors;
(4) leveraging expertise from the Commission with
respect to safety analysis; and
(5) enabling technical staff of the Commission to
actively observe and learn about technologies developed
under the program.
(e) Agency Coordination.--The Chairman of the Commission
and the Secretary shall enter into a memorandum of
understanding regarding the following:
(1) Ensuring that--
(A) the Department has sufficient technical
expertise to support the timely research,
development, demonstration, and commercial
application by the civilian nuclear industry of
safe and innovative advanced nuclear reactor
technology; and
(B) the Commission has sufficient technical
expertise to support the evaluation of
applications for licenses, permits, and design
certifications and other requests for
regulatory approval for advanced nuclear
reactors.
(2) The use of computers and software codes to
calculate the behavior and performance of advanced
nuclear reactors based on mathematical models of the
physical behavior of advanced nuclear reactors.
(3) Ensuring that--
(A) the Department maintains and develops the
facilities necessary to enable the timely
research, development, demonstration, and
commercial application by the civilian nuclear
industry of safe and innovative reactor
technology; and
(B) the Commission has access to the
facilities described in subparagraph (A), as
needed.
(f) Reporting Requirements.--
(1) In general.--Not later than 180 days after the
date of enactment of the Nuclear Energy Innovation
Capabilities Act of 2017, the Secretary, in
consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall submit
to the appropriate committees of Congress a report
assessing the capabilities of the Department to
authorize, host, and oversee privately funded
experimental advanced nuclear reactors as described in
subsection (b).
(2) Contents.--The report submitted under paragraph
(1) shall address--
(A) the safety review and oversight
capabilities of the Department, including
options to leverage expertise from the
Commission and the National Laboratories;
(B) options to regulate privately proposed
and funded experimental reactors hosted by the
Department;
(C) potential sites capable of hosting
privately funded experimental advanced nuclear
reactors;
(D) the efficacy of the available contractual
mechanisms of the Department to partner with
the private sector and Federal agencies,
including cooperative research and development
agreements, strategic partnership projects, and
agreements for commercializing technology;
(E) the liability of the Federal Government
with respect to the disposal of low-level
radioactive waste, spent nuclear fuel, or high-
level radioactive waste (as those terms are
defined in section 2 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101));
(F) the impact on the aggregate inventory in
the United States of low-level radioactive
waste, spent nuclear fuel, or high-level
radioactive waste (as those terms are defined
in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101));
(G) potential cost structures relating to
physical security, decommissioning, liability,
and other long-term project costs; and
(H) other challenges or considerations
identified by the Secretary.
(3) Updates.--Once every 2 years, the Secretary shall
update relevant provisions of the report submitted
under paragraph (1) and submit to the appropriate
committees of Congress the update.
(g) Savings Clauses.--
(1) Licensing requirement.--Nothing in this section
authorizes the Secretary or any person to construct or
operate a nuclear reactor for the purpose of
demonstrating the suitability for commercial
application of the nuclear reactor unless licensed by
the Commission in accordance with section 202 of the
Energy Reorganization Act of 1974 (42 U.S.C. 15 5842).
(2) Financial protection.--Any activity carried out
under this section that involves the risk of public
liability shall be subject to the financial protection
or indemnification requirements of section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 21 2210) (commonly
known as the ``Price-Anderson Act'').
SEC. 959. BUDGET PLAN.
(a) In general.--Not later than 1 year after the date of
enactment of the Nuclear Energy Innovation Capabilities Act of
2017, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives 2
alternative 10-year budget plans for civilian nuclear energy
research and development by the Secretary, as described in
subsections (b) through (d).
(b) Budget Plan Alternative 1.--One of the budget plans
submitted under subsection (a) shall assume constant annual
funding for 10 years at the appropriated level for the civilian
nuclear energy research and development of the Department for
fiscal year 2016.
(c) Budget Plan Alternative 2.--One of the budget plans
submitted under subsection (a) shall be an unconstrained
budget.
(d) Inclusions.--Each alternative budget plan submitted
under subsection (a) shall include--
(1) a prioritized list of the programs, projects, and
activities of the Department to best support the
development of advanced nuclear reactor technologies;
(2) realistic budget requirements for the Department
to implement sections 955(c), 957, and 5 958; and
(3) the justification of the Department for
continuing or terminating existing civilian nuclear
energy research and development programs.
* * * * * * *
[all]